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H1B - Transfer Hold

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  • H1B - Transfer Hold

    A friend of mine who has long been in consulting recently accepted a new job offer with a different staffing firm. Based on the initial discussions, he had allowed the new firm to kick start his H1B transfer. He is at a dilemma now and is trying to stick with his current company for a little longer. Also, he has heard from the new firm that they have filed the petition at USCIS for his H1B transfer. He has not started working for them yet.

    He is trying to determine if he can put the H1B Transfer process on hold despite being filed at the USCIS, so he could take some more time to decide on his next step.

    Your help and advice in this regard is highly appreciated

  • #2
    Aah! Manipulation!

    Well, he can continue working for the first employer as long as his current H1B is valid.

    To do anything with the H1B transfer, he has to request the new employer to do so, he cannot manipulate the system by approaching USCIS directly to "hold" or "slow down" the transfer.

    I fully understand what he's or you're trying to do here. Even if you can, its not a good idea to have the cake and eat it too.

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    • #3
      Can the new employer has the ability to put this process on hold or stop this transfer process completely if needed?

      Comment


      • #4
        The new employer ...

        ... can stop the process completely.

        Comment


        • #5
          What happens to the fees which was paid by the new employer to USICS for this transfer? will that be refunded to the employer?

          Comment


          • #6
            Ouch!

            Nope, those fees are gone!

            Well, we Americans do need USCIS to operate independently without using us taxpayers funds!

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            • #7
              By any chance do you know how much they spend for H1B transfer?

              Thanks

              Comment


              • #8
                Its the USCIS ...

                ... fees plus the attorney's costs if they used a law firm to file for the transfer.

                Take care.

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                • #9
                  Average attorney fee is $1500 + USCIS fees.
                  It comes anywhere between $2750 - $3200.
                  I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

                  Comment


                  • #10
                    H1B transfer

                    Hi,

                    I am in US and working for employer A. Now, I have applied for H1 transfer with employer B and got receipt number only. After knowing this thing, emp A wants to withdraw my H1.

                    So, please tell me can emp A withdraw my H1 while my case is pending with emp B??Is this becomes any problem for me to stay in status??

                    I have started working with emp B immediately after receiving receipt number.

                    Your suggestions are highly appreciated, Thanks.

                    Comment


                    • #11
                      Originally posted by yneelima
                      Hi,

                      I am in US and working for employer A. Now, I have applied for H1 transfer with employer B and got receipt number only. After knowing this thing, emp A wants to withdraw my H1.

                      So, please tell me can emp A withdraw my H1 while my case is pending with emp B??Is this becomes any problem for me to stay in status??

                      I have started working with emp B immediately after receiving receipt number.

                      Your suggestions are highly appreciated, Thanks.

                      Since you have a receipt number, you are in status. and at this stage revoking petition by emp A will not affect your status.
                      I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

                      Comment

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